Injured at an Amusement Park, Can I Do Something About It?

Aug 24, 2015 by

Everything always comes with a risk and, going into an amusement park, there is a certain element of risk that is always going to be there, isn’t it? After all, you don’t go there just to have a lie down and look at things – you go there for the experience, for the thrill, for the heart-stopping adrenaline that the rides and attractions have to offer!

The risk that amusement parks have should have been thought of on your behalf by the park’s management and administration. If anything were to have been neglected or poorly judged then the fault is on them – not on you and you should not have to pay for the mistakes of another party.

According to the website of the Williams Kherkher personal injury lawyers, a lot of accidents and situations of this nature fit into the category of personal injury. Some of the more common reasons for accidents within amusement parks include faults in the design, operator, or management – and these are all mistakes that are due to another party. By definition, personal injury is the legal terminology used to describe any injury caused to any person due to negligence of another party, intentional or not.

Injuries of this nature don’t mean just the little things like a bruise on your arm or something, no. The smallest bit of negligence could mean horribly debilitating injuries like broken bones, traumatic spine or brain injury, or even severe burns in the event of a fire or explosion (which can happen in places like this as some thrills can be fire hazards if improperly maintained or manned). The only things you should worry about in places like this are the queues that it takes to get to the next ride, not these potentially disabling or even lethal situations.

If this ever does happen to you, however – know that there is legal action that you can seek, with the proper aid, in order to achieve justice for the wrong that has been done onto you.

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It is a Means, Not an End

Apr 19, 2015 by

Personal injury lawsuits are quite common in the US. In many cases involving accidents and injuries, news of civil suits filed against the negligent party or parties follows not long after. It is easy to sit in judgment when you are not directly affected. You may even give a knowing grin, thinking that it is a good way to get easy money. The fact is, nothing is easy about being seriously injured because someone acted irresponsibly or carelessly. When people decide to sue for personal injury, in most cases it is because they have no choice.

Victims of negligent accidents have to deal with high medical bills. One of the requirements for a personal injury case is that the injury is serious. Aside from immediate medical treatment, the victim may also suffer from temporary or permanent partial or total disability. This will also have a cost to the victim. Even if full recovery is possible, the victim cannot generate income. The financial problems just mount up. Most often, the only recourse is to sue. However, it is no walk in the park.

A personal injury lawsuit is a long and tedious process. Even if Louisville KY personal injury lawyers take on cases on a contingent fee basis, it can still make great inroads on the plaintiff’s time and attention. It can take years for a case to be resolved.

In many cases, the plaintiff faces false accusations or baseless allegations in an attempt to bring their credibility into question and weaken the case. This can put more emotional and psychological burden on the victim. A skillful personal injury lawyer can shield the plaintiff from many of these tactics.

There is no good reason for a plaintiff to file a civil lawsuit that has no merit, and most personal injury lawyers will not take on frivolous cases because it is a waste of their time and a blight on their profession. When a case gains enough traction to make it to court, it is a good indication that there are solid legal grounds for it.

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Avoid a Cluttered Home

Feb 5, 2015 by

Few things create a worse feeling of dissatisfaction than finishing a long day of moving only to find out that what you have decided to bring with you does not fit in your new home. Fortunately, with detailed planning before the move you can avoid this situation.

If you are downsizing, be prepared to do some serious cleaning up. Unless your soon to be former home had a lot of free space, you most likely will have to pick and choose what you keep.

First, you must measure the dimensions of your new home as well as your larger pieces of furniture. Just “eyeballing it” is not good enough. Precision is key when doing this, so make sure you are not cutting corners (literally).

After acquiring measurements, figure out what can fit where. Do not forget to take walking paths into account. A crowded home is not a comfortable home, so think about how much room you need to breathe, and work at using the space you have wisely. Be honest with yourself about this. A lot of people tend to say that they can handle certain living conditions beforehand, but once they are in the situation they realize they underestimated its difficulty.

Once you have sorted out what you can fit in your new home, you must decide what to do with the possessions that did not make the cut. If they do not have sentimental value or you do not see yourself needing them again, selling your excess items is an easy way to make some extra cash. However, Ben White Mini Storage says on its website that if you need a little extra space for the items you cannot part with, a storage unit is an affordable option. Get a unit close to your home, that way you can check on your storage space frequently.

The ideal move is practically seamless. Although life can sometimes hinder you from achieving a painless move, the more strategic you are about your move the better it will go.

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Xarelto Target Population is more at Risk

Sep 4, 2014 by

More than 5 million Americans have been diagnosed with atrial fibrillation (A-fib) with a projected doubling to 10 million by 2050. However, this does not include people who are not aware that they have A-fib. Many A-fib positives experience no symptoms at all, and only find out in the course of a physical examination. It is a chilling thought, because it is akin to having a ticking time-bomb in the heart, just waiting to get out and wreak havoc, and not even knowing about it.

A-fib is a medical condition where the two upper chambers of the heart, called the atria, beats out of sync with the two lower chambers, called the ventricles. Because the pumping is not coordinated, blood flow is poor and blood pools in the heart chambers. The pooled blood can lead to clot formation, and this clot can be expelled from the heart and lodge in the blood stream, blocking off blood flow to the brain or the lungs, for example.

A-fib typically develops with age, although there are instances where children are born with the condition. In general, A-fib patients are over 60 with co-morbid conditions such as compromised renal or liver functions. This can be a problem because the latest drug proposed to prevent blood clots in A-fib patients is Xarelto (rivaroxaban), the use of which can lead to complications for older subjects with compromised health.

This may be the central problem for drugs such as Xarelto. It is designed to address medical conditions that commonly occur in older patients, and yet the risk of injury is greater for this population. Clinical studies in younger, healthier patients are bound to yield misleading results, which in turn can lead to preventable injuries and deaths. As stated in an article at http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/xarelto/, some of the side effects of Xarelto are just too dangerous. This is the main contention of the first Xarelto lawsuit, relying on a recent ruling by the Pennsylvania Supreme Court expanding the strict liability rules of drug companies to include drugs where the risk of harm is too high to be justifiable.

If you have been seriously harmed from using Xarelto, you may be able to bring the drug companies responsible for making and manufacturing the drug to book. Consult with a Xarelto lawyer as soon as possible to get compensation for the preventable injury you were forced to endure.

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Personal Injury Claims and Lawsuits

Apr 29, 2014 by

Personal injury claims are a constant type of litigation inside the United States courts. Humans are imperfect after all, therefore negligence and recklessness often result to personal injury and lawsuits that are ever piling up on court dockets. There different types of personal injury claims, some not as heavy as the others. Among the most common are car accidents and work-related injuries, but among the more serious types is assault and battery.

Compared to accident-caused personal injuries, assault and battery are lawsuits that are intentional. Intentional tort claims are made in order for the victim to seek compensation for the injuries along with other damages the resulted from the attack and it is only processed in a civil court. Because assault and battery are considered a criminal act that can also be filed in a criminal court for punitive damages, it would be best to consult a lawyer before going to court with this type of personal injury claim.

Going to court for a personal injury claim is a difficult and complicated decision. On it’s website, a Wyoming personal injury law firm says that while going to court can result in more money for the victim, it is also incredibly costly. Many personal injury cases are settled outside of court, saving much time and money. However, this requires both sides to agree to the terms of the settlement, which by design will be less favorable to the injured party. This is because the party responsible for the injury is more likely to benefit from not having to go to court.

When a person has been a victim of assault or battery, the law firm Habush Habush & Rottier S.C. advises that the first thing to do when a person is injured is to seek immediate medical help. This would aid in faster recovery time and lesser complications. Seeking immediate medical assistance would also help in documenting the incident, and the medical records and receipts will be used as evidence of the incident and as basis for the compensation that will be awarded. It is after getting medical treatment that legal assistance should be considered. Consulting a legal advisor could assist in understanding your rights and how you can protect them, along with computing the total compensation for all the damages done by the attack.

It is very important to talk with a lawyer regarding assault and battery cases because civil cases such as these have a wide spectrum of severity. There are cases that are not always worth the trouble, while there are those that even call for criminal charges to be pursued. Although definitions of assault and battery differ from state to state, anything that pertains to physical acts of violence done by one person to another can be defined as assault and battery. This intentional tort can be put in both civil and criminal courts punishable by fines, jail time, or even both.

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Perjury

Jan 25, 2014 by

Convictions carry heavy weight, therefore committing perjury is considered a federal crime. Perjury is an offence against the law where the person deliberately gives false or untrue statements while under oath and at the time of a judicial hearing. Giving false testimony can have serious effects on the outcome of a trial, therefore in the United States it is treated as a serious felony offence. A person caught and proven to have committed perjury can be given up to five years of prison sentence, a hefty fine, or both.

There are basic sets of factors that the state should prove in order to justify that a person has committed perjury. First, while under oath, the person has given a false statement. Second, that the falsified statement should be relevant to the trail. And third, the person should have a specific motive or intent to give the false statement. If a judge has determined that a defendant (who is later convicted) has given a false testimony, the judge has the right to enforce sentencing enhancements. This means the defendant’s sentence can be increased.

Even while not under oath, a person can still be charged with perjury, specifically if they signed and submit documents that are “under penalty of perjury”. Income tax returns, loan applications, and even applying for driver’s license can put a person in danger of perjury if they give false information.

Many people undermine the consequences of committing perjury, even while at court hearings. In the same regard, subornation of perjury (where another person is forced to give a false statement by another person) is also a separate crime and is also punishable by law. Another variation, the false swearing, is also a felony. False swearing happens when a false statement is given while under oath, but it was given while not being in an official hearing. Both of them are punishable by fines, jail time, or possibly both.

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Fighting Workplace Violence

Jan 17, 2014 by

Work-related injuries are one of the most common forms of personal injuries that are flooding the U.S. courts today. Many forms of work-related injuries can happen to an employee, and these injuries can be taken to civil court as a personal injury claim. There are other personal injury claims, however, that can be taken to criminal courts, and these types of injuries are of the intentional tort types.

Any injuries that were done intentionally can be grounds for a criminal case. Among such instances are assault and battery charges that resulted to injuries of the worker. These two charges often go together, but they are separate legal claims that a worker can use. Assault is the danger of imminent physical harm, where a worker is unlawfully threatened or was attempted with physical harm by another person. Battery, on the other hand, refers to the actual physical contact after the threat was made. It is the physical manifestation of the threat that was given to the worker, which resulted to harmful and/or offensive injuries or contact.

Employers have the responsibility to ensure that such workplace violence is prevented, otherwise they can also be held liable to an extent. In order to understand the legal aspects of these risks and issues, law firms such as Hach & Rose, LLP can assist in explaining your rights and freedoms in the workplace. Injury resulting from assault and battery in the workplace can be covered by workers’ compensation. A worker can file a personal injury claim regarding assault and battery against their employer if they have subsequent proof of the employer’s negligence or involvement in intentional misconduct. Better to ask a lawyer regarding these concerns since there are certain differences in each state law.

Workplace violence that resulted to or can result in injuries need to be addressed. Any acts that can be disruptive in the workplace, which could eventually lead to accidents or injuries, should be reported and attended to to prevent any form or workplace violence and protect the rights of both the employer and employee.

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Types of Personal Injury Claims

Jan 12, 2014 by

Going on a cruise ship could be one of the most relaxing vacations anyone can take: there are many things to do and people to meet, and you get to be away from the hustle and bustle of the city or anything that gives you stress and makes you feel tired. Cruise ships are a great option for family boding because of the various activities that can be done on-board, without having to spend too much or go to far away locations.

Among the many amenities of a cruise ship are their swimming pools. Almost all types of cruise ships (from smaller ones to mega-cruise ships) are equipped with swimming pools with lounging decks, and others even have smaller pools that are made for swimming-against-the-current.  These provide both relaxation and endless activities for those who are stuck in cruise ships for a certain amount of time. Because a lot of people flock to these swimming pools on a cruise ship, it is inevitable that accidents and injuries can happen. More information about swimming pool injuries caused on a cruise ship can be found by researching and contacting experienced cruise ship lawyers.

Cruise ship injury claims

There has been an on-going debate on whether it is the responsibility of the cruise ship management to supervise the swimming pool area and the people who are there or if it is the responsibility of the passengers to practice safety themselves. According to Habush Habush & Rottier S.C., any injury the occurred because of the negligence of another can be grounds for a personal injury lawsuit, in this case, a cruise ship injury claim. Consulting with a lawyer who knows cruise ship and maritime laws could help in establishing whether you have a strong personal injury claim or not.

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Dealing with Insurance Bad Faith

Jan 11, 2014 by

A breach of contract on your insurance can result to a number of issues, where insurance claims have been withheld, delayed, or underpaid. Once the insurance company has done any form of misrepresentation regarding your insurance policy or the coverage that you have agreed upon, then you have a compelling claim for an insurance bad faith. Through this, you or your business will be given a right for extra-contractual damages aside from the existing damages that is bound within your insurance policy.

There are a number of reasons why a person needs to file for an insurance claim, among them are damages to home due to natural disasters or business problems like burglary and industrial explosions. In an event of an industrial explosion, it is very important to have insurance immediately because such incidents are often catastrophic and result to serious injuries to workers on site. Unreasonably denying the benefits or any delay in the processing of the claim could result to further damages such as emotional distress, financial losses, and many others.

In order to understand if you do qualify for an insurance bad faith claim, talking with lawyers who are proficient in these types of laws would be the best option. According to the Dallas bad faith claims attorneys of Smith Kendall PLLC, fighting with insurance companies regarding insurance bad faith claims requires proper investigation as well as harvesting necessary evidence that would demonstrate the failure of the insurance company to properly justify their bad faith. Talk to a lawyer who are not only knowledgeable but whom you trust that could protect your rights and freedoms.

Once the unreasonable denial or delay of the insurance claim has been proven in court, you will be given the right for proper amount of claim under the insurance policy, as well as the payment for the lawyer’s fee. Most importantly, though, is your right for compensation regarding the damages brought about by the denied or delayed claim, such as financial or economic losses and emotional pain and distress.  Punitive damages can also be given if the insurance company has acted with malicious or outrageous conduct.

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Cocaine Laws in Texas

Jan 9, 2014 by

Drug possession is considered a serious crime of having one or more types of illegal or controlled drugs in their person, whether for their own personal use or for other intentions such as distribution, sale or any other uses. Penalties for those who are caught with possession of any type of drug can depend on the type of drug, the amount of drug, the jurisdiction on which the possession and arrest took place, and the circumstances surrounding the arrest. Generally, United States penalties for possession of drugs range from small fines to imprisonment or probation.

Cocaine is among the several illegal drugs that are being monitored. It is a strong stimulant that works on the central nervous system and cardiovascular system, providing the user to feel euphoria and a feeling of alertness. It also staves off hunger and increases a user’s endurance. Cocaine makes a person feel strong and confident, and the high after a cocaine bump usually lasts between 20-30 seconds and 15-30 minutes (all depending on the method of ingesting cocaine), which is then often followed by a crushing depression. This typically causes dependence on the drug, causing abuse and other drug-related problems.

Cocaine is classified under Penalty Group 1 (together with methamphetamines and heroin) and the penalties for those caught with cocaine possession vary from being charged with a Class D felony (caught with less than 3 grams of cocaine) to Class A felony (for more than 3 grams and caught inside a school bus or within a certain area around the school, youth program center, family housing complex, or park). According to the website of Houston criminal lawyer Kyle Sampson, a person can be charged with possession of cocaine not only if they have the cocaine on their person, but this charge can also apply to finding cocaine, or any illegal drugs, in any area that the person has control or dominion over. This means, for example, that if drugs are found in your car, but not on your person, you can be charged with possession of them.

Being caught in possession of illegal drugs, such as cocaine, is a direct violation of state and federal laws. Drug crimes each have their own form and require certain legal strategies so that the defendant’s rights can be properly and effectively protected. Since these drug possession charges often leave serious social and financial damages and consequences, it is vital to seek legal counsel who are knowledgeable about preserving and fighting for the rights and interests of the defendants. A criminal defense lawyer will have several years of concentrated training in how to protect your rights if you are charged with cocaine possession. This can make all the difference, as the penalties for a guilty verdict can be incredibly difficult for a person to recover from.

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